James Charles Smith v. Pioneer Homes Builders, Inc.

Motion Denied and Order filed December 14, 2012

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00825-CV ____________

JAMES CHARLES SMITH, Appellant

V.

PIONEER HOMES BUILDERS, INC., Appellee

On Appeal from the 133rd District Court Harris County, Texas

Trial Court Cause No. 2011-57739

ORDER

This appeal is from a judgment signed August 28, 2012. The notice of appeal was filed August 31, 2012. To date, the appellate filing fee of $175.00 has not been paid. On September 20, 2012, the court notified appellant that the filing fee was due. On November 5, 2012, the Harris County District Clerk’s office notified this court that appellant had not paid for preparation of the clerk’s record and had not filed an affidavit of indigence. On November 6, 2012, notification was transmitted to all parties of this court’s intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See TEX. R. APP. P. 37.3(b). On December 7, 2012, appellant filed a motion to proceed without payment of costs.1

Appellant’s motion does not comply with the procedural or substantive requirements of Rule 20 and is therefore DENIED. See Tex. R. App. P. 20.1(b). However, we may not dismiss an appeal for defects in procedure without allowing a reasonable to time correct the defects or without giving the affiant an opportunity to amend his affidavit to correct substantive defects. Tex. R. App. P. 44.3; Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898, 899 (Tex. 2006).

Accordingly, we order appellant to correct the defects in compliance with Texas Rule of Appellate Procedure 20 within fifteen days of the date of this order. See Tex. R. App. P. 20.1(b). If appellant fails to timely comply in accordance with this order, the appeal will be dismissed.

PER CURIAM

Panel consists of Justices Frost, Christopher, and Jamison.